U.S. v. VANDAM

No. 06-4104.

493 F.3d 1194 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Leonard Dale VANDAM, also known as Sebastian Lopez, also known as Sebastian Lopez Mendoza, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 10, 2007.


Attorney(s) appearing for the Case

Howard A. Pincus, Assistant Federal Public Defender (Raymond P. Moore, Federal Public Defender, with him on the briefs), Denver, CO, for the Defendant-Appellant.

Diana Hagen, Office of the United States Attorney, District of Utah (Brett L. Tolman, United States Attorney, Stephen J. Sorenson, Assistant United States Attorney, with her on the brief), Salt Lake City, UT, for the Plaintiff-Appellee.

Before LUCERO, McKAY, and HOLMES, Circuit Judges.


HOLMES, Circuit Judge.

Defendant Leonard Dale VanDam argues that the government breached its duty under his plea agreement by failing to recommend a term of imprisonment at the bottom of the applicable range under the United States Sentencing Guidelines (the "Guidelines"). As a remedy, Mr. VanDam seeks specific performance before the same judge.

We agree that the government breached the plea agreement. We also agree on these facts that Mr. VanDam should receive...

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